Hunter Biden’s FARA Flaw: The Rising Risk of Prison Time

The potential legal repercussions of President Joe Biden’s son, Hunter Biden, failing to register as a foreign agent during his years of overseas business dealings could finally land him in jail, experts argue. According to the federal Foreign Agents Registration Act (FARA), passed in 1938, individuals acting as representatives or servants for foreign principals must register with the U.S. government. Failure to do so is a crime punishable by up to five years in prison and a $250,000 fine.

Foreign principal” can include government officials, foreign corporations, political organizations, influential private interests, and more, thus FARA has been employed to shed light on foreign advocacy and lobbying in the United States. In this case, Hunter’s dealings with Ukraine, China, and other nations necessitated his compliance with the FARA’s stipulations.

Jonathan Turley, a law professor at George Washington University, noted that recent disclosures of additional foreign contacts only strengthened what was already a strong case for a FARA charge against Hunter. The influence peddling schemes directly reference President Joe Biden and mention him as possibly receiving funds.

Craig Engle, an expert on FARA, recounted Hunter’s tenure at the board of Ukrainian energy firm Burisma, where he introduced Vadym Pozharskyi – one of the company’s top executives – to his father. Less than a year after this introduction, the elder Biden, who was already vice president, pressured government officials in Ukraine to fire prosecutor Viktor Shokin, who was investigating Burisma, in March 2016. If Hunter relayed the request for U.S. government assistance to fire Shokin, it would be a FARA-registrable event, making it likely that FARA is part of an investigation.

In China, Hunter’s work for energy company CEFC and its now-disgraced boss Ye Jianming dovetailed with the company’s interest in gaining influence in the United States. Further revelations from the Post in 2020 prompted Sen. Chuck Grassley (R-IA) to send a letter to the Department of Justice (DOJ) demanding a review of possible FARA violations.

However, at least one lawmaker expressed skepticism over the possibility of Hunter being brought to justice for FARA violations. Unless the person indicted is a Republican, FARA has historically been a difficult law to prosecute and obtain a conviction for,” said Sen. Ron Johnson (R-WI.

My concern is that [the] DOJ will indict Hunter on watered-down charges, and then enter into a plea agreement that includes sealing the records on the case. That would be a travesty because it would deny the American people of knowing the truth and full extent of Biden family corruption.

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